(Last update: 2017/1/1)
The website of MyOwns Deutschland (http://www.myowns.com) – hereinafter referred to as "Provider" – offers a variety of services as well as products that are available for sale. The Provider makes these services and products available solely under the conditions of the following General Terms and Conditions (T&Cs).
Therefore, anyone who wants to use the Provider's services must read through these T&Cs before doing so, since with the usage of the Provider's services and/or with the ordering of the Provider's products through the online shop, each user agrees to these T&Cs. Those parties who are not in agreement with these Terms and Conditions, should exit the Provider's website and should not utilize the Provider's products or services.
(1) Subject to individual deals and agreements, which take precedence over these T&Cs, the business relationship between the Provider and the User of the Provider's services is solely governed by the following Terms and Conditions in the version valid at the time of assignment or ordering. They are accepted in their entire scope by the User.
(2) The User's conflicting Terms and Conditions are expressly not applicable unless the Provider explicitly accepts their validity in writing.
(3) Only the laws of the Federal Republic of Germany apply. The application of the laws and United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(4) The Provider does not offer its products and services to minors. If the user is a minor (in Germany under the age of 18), then the Provider's products and services may only be utilised with the consent or approval of a parent or legal guardian.
(1) "User" in terms of these T&Cs is every visitor to the Provider's website who uses the services offered and/or orders the Provider's products.
(2) "Consumer" refers to the individual who concludes a legal transaction that cannot be attributed to either their commercial or independent professional occupation (see Art. 13 German Civil Code).
(3) "Entrepreneur" is an individual or legal entity or joint partnership that acts within the scope of its commercial or independent professional occupation in concluding a legal transaction.
(4) "Finder" in terms of these T&Cs is someone who finds a lost item or a lost animal.
(5) "Loser" in terms of these T&Cs is someone who has lost an animal or an item, which prior to the loss was in that person's possession and/or that person's legal ownership.
In the webshop, the User can purchase products from the Provider for the purpose of labelling objects or animals. Each labelled product will receive an identification number. Items referred to as "bundles" – several copies of the same labelled products each with the same identification number – can also be purchased. The User is authorised to label his personal items or animals – in the following referred to as "objects" – with the labelling products. The User is authorised to only label the objects with a labelling product that is in their possession and/or to which he has a right to ownership.
With the registration, the User is automatically provided with a specific identification number. The User can add additional identification numbers to their customer account by purchasing additional labelled products from the Provider. Only upon activation, is the User authorised to make unlimited copies of a labelled product with the registered identification number. An identification number can only always be allocated to one customer account.
Through the labelling of objects with an activated identification number, the User declares his or her consent – in case an object is lost – to be contacted by the finder of the object via the method of communication (email and/or text message) selected by the User themselves (see §3 Section (8)).
After the loss of a properly labelled object, the Provider supports – via its website – the registered User in the replacement of the lost object. If the labelled object is discovered by a Finder, then the Finder can use the Provider's website to anonymously contact the registered user – the Loser (of the object). With the help of the ID number entered by the Finder, the Provider can uniquely identify the registered User and, in this manner, can forward messages from the Finder to the registered User. If the Finder also enters the email address or the mobile phone number upon finding an object, the Provider's servers can also be used to send messages from the registered User to the Finder (also see §3 Section (8)).
Even in the case of the loss of an object not labelled in accordance with §3 Section (2), the Provider supports the User through its website in securing and retrieving the product. In order to do so, the User is requested to provide exact details as to the place and time the object was lost as well as to provide a detailed description of the object. If the User approves a publication of this data on the Provider's website, all of the data related to the loss report is available online.
If an object is found by a person, then the Finder can announce the discovery of the object on the Provider's website by providing the place and time the object was found as well as a description of the object. If the Finder approves a publication of this data on the Provider's website, all of the data related to the find report is available online.
If a correctly labelled object with a registered identification number is found, then the Provider will support the Finder via its website in the return of the object to the registered user in possession of the same registered identification number. The Finder can get in touch with the Loser of the object anonymously through the website. With the help of the ID number, the Provider can uniquely identify the registered User – the loser of the object – and in this manner can forward messages from the Finder to the User. If the Finder also enters the email address or the mobile phone number upon finding an object, the Provider's servers can also be used to send messages from the registered User to the Finder (also see §3 Section (8)).
Even in the case of the discovery of an object not labelled in accordance with §3 Section (2), the Provider supports the Finder in returning the object to its rightful owner. The Finder and the Loser can be – but do not have to be – a registered user on the Provider's website. On the Provider's website, the Finder can send an anonymous message notifying of the object found. In order to do so, the Finder must provide exact details as to the place and time the object was found as well as provide a detailed description of the object found. If the Finder approves a publication of this data on the Provider's website, all of the data related to the find report is available online. Therefore, the Finder receives a customer account with the Provider.
The Provider lists the data pertaining to all current lost and found reports on its website under "Lost and Found List". All notifications that are not older than 90 days, are current. Older notifications are removed from the report insofar as the User does not wish to extend the period for an additional 90 days. An extension of the online condition for an additional 90 days is also possible more than once, as long as the customer expressly wants this to happen.
The users can browse the lost and found notifications for suitable hits and can contact other users anonymously as per §3 Section (8) if they are of the opinion that the item described matches the object they have lost.
If a User enters a mobile phone number or email address for purposes of communicating with the Loser of the object on the Provider's website, then the User express his consent to be contacted by another person via the selected channels (email and/or text message).
The communication is only conducted via the Provider's servers and is anonymous for both parties. The Provider will not divulge any personalised data – neither to the Finder nor the Loser of an object. The Provider is not responsible for the content of the communication between the Finder and the Loser, in particular, the Provider is not responsible for any personalised data divulged by the user's themselves, e.g., mobile phone numbers, postal or email addresses.
The services of providing a platform for anonymous communication via the Provider's server are offered free of charge. However, local telephone or electronic communication costs may result within the scope of communication between the users. Solely the User is responsible for these costs.
The Provider is not responsible for the successful location/retrieval of any lost objects nor for their condition if and when they are found. The Provider is only obligated to assign the performance of a lost object to a registered User if that object has been labelled by a labelled product sold by the Provider and, prior to the loss of the object, had been activated on the Provider's website.
The Provider is not responsible for the payment of a reward to the Finder, nor is the Provider responsible for the reward amount.
The Provider provides an online platform and is not responsible – and doesn't verify – if the Finder and the Loser act in accordance with the provision of the laws; see Articles 965 et seq. German Civil Code (BGB). Therefore, the Provider is not responsible if the Finder of a lost object infringes upon an obligation to disclose, an obligation of delivery, an obligation to safekeep, or any other legal obligations.
As per German law (Art. 971 BGB), the User is obligated to pay the Finder a reward. The German law for lost, mislaid, and abandoned property as per Articles 965 et seq BGB is applicable between the Finder and the Loser. As per this law, the Finder can demand 5% for objects with a value of up to €500 and 3% for objects valued at over €500; for animals (pets) the amount that can be demanded is always just 3% of the animal's value. If the object only has sentimental value, the reward can be determined as per reasonable discretion (see Art. 971, Sec. 1 BGB). However, the Provider is not responsible for the payment of a reward by the User to the Finder. The Finder and the User are responsible for determining the method of payment. Each registered user and each Finder who lists information about found articles agrees to these Terms and Conditions.
The identification number of the labelled products are stored on the User's customer account for only as long as the User has an active account on the Provider's website and for as long as the labelled product remains in the possession of the User. If the User requests the Provider to delete his or her customer account, then as of the date of the deletion of the customer account, all of the User's claims pertaining to the Provider's services are eliminated. If the User does not have an active customer account on the Provider's website or the identified product does not belong to him or her, then the Provider is not liable towards the User.
(1) The Provider offers every User the possibility to comment on notifications pertaining to lost or found objects. Every User agrees that his or her comments can be read by other users (also by non-registered users). In addition, every User has the possibility to send anonymous messages to the author of lost or found notifications.
(2) Every User is solely responsible for his own comments and messages. Every User ensures that:
(3) Texts or other User content that – in the opinion of the Provider – -violate Art. 4, Section 2, can be deleted by the Provider without any prior notification. In addition, the Provider reserves the right to permanently ban Users who are in violation of this from accessing its services. This includes deleting or blocking their customer account.
(4) The User indemnifies the Provider from all third-party claims and demands against the Provider, regardless of their nature, resulting from texts or other content posted to the website by the User. This includes the reasonable costs of legal fees as well as court fees.
All offers in the Provider's webshop only present a non-binding invitation to the User to make a corresponding offer to buy. As soon as the Provider receives the binding order from the User, the User will then subsequently receive an order confirmation, usually per email (order confirmation). This does not yet represent an acceptance of the order. After the order has been received, the Provider will verify the order and will inform the User within two (2) business days if the Provider accepts the order (order acceptance). The contract between the User and the Provider is not concluded if the User does not receive an order confirmation within two (2) business days. In this case, the User is no longer bound to their order. The ordering process in the Provider's webshop is processed as described in the following sections (2) and (3).
The User can select products from the Provider's range and –by clicking on the button "Add to cart" – can collect products in the virtual shopping cart. Using the button "Order now: express order with PayPal", the User purchases the goods that are in their shopping cart. Before sending the order, the User can view the details of the order at any time. However, the offer can only be processed and transferred if the User is logged on and, by clicking on the button "Accept T&Cs", accepts these Terms and Conditions and thereby stores this in their offer.
The Provider will then send the User an automatic email with a confirmation of receipt in which the User's order is again listed and the User can print the order using the "Print" function. The automatic confirmation of receipt only documents that the User's order has been received by the Provider and does not constitute an acceptance of the offer. The contract only becomes valid upon submission of the declaration of acceptance by the Provider. This is sent in a separate email.
Subject matter of the contract is the goods and services specified by the User within the scope of their order or order confirmation at the prices shown in the webshop. Subject to errors and omissions, in particular as it pertains to the availability of the products. The condition of the ordered goods stems from the product descriptions in the Provider's webshop. In some cases, the pictures and images shown on the website may only display the products inaccurately; in particular, for technical reasons, colours may deviate quite drastically from the actual colour of the product. Pictures are only used as demonstration material and can deviate from the actual product. Technical data, weight data, measurement data, and description of the product's performance are listed as precisely as possible, can however show the normal deviations. The characteristics described here do not represent deficiencies of the delivered product.
If, at the time the User places his or her order, there are no objects of the selected products available, the Provider will inform the User in the order confirmation. If the product is generally no longer deliverable, the Provider will refrain from sending a declaration of acceptance. In this case, no contract exists. If the product listed in the order is only temporarily unavailable, the Provider will inform the User of this immediately. A contract only exists if the User has expressly declared his or her approval for the delay in delivery.
Until the Provider has received full payment for the product, the product remains the property of the Provider.
The delivery (delivery to the shipping company) ensues – if nothing else has been noted in the article description – within 2 to 5 business days after the full payment, including shipping and other costs, has been received.
Delay in delivery on behalf of the Provider, which is caused by a force majeure or for reasons that make a delivery more difficult or impossible – e.g. operational breakdowns, strikes, legislative orders, natural catastrophes – frees the Provider from adhering to agreed delivery times and leads to a corresponding extension of the delivery times.
Should the User also be a consumer, then the Provider – as per the statutory provisions – bears the risk of accidental loss or deterioration of the purchased product from the point in time it was mailed until delivery to the User. On the other hand, should the User be a legal entity, then the risk associated with the delivery and shipping of the purchased article lies with the User.
All prices appearing on the website are in euros and include the currently applicable value added tax.
The corresponding mailing costs are divulged to the User on the order form and must be paid for by the User. Orders to a German delivery address cost 1.90€, orders to a delivery address outside Germany 3.90€.
The shipping of the goods occurs via postal delivery. If the User, who is a business and not a consumer, would like to have their shipment insured, then they must expressly request this by selecting the respective option during the ordering process. The resulting additional costs are noted in the order form and must be paid for by the User. Pertaining to the consumer, the Provider carries the risks of accidental loss and accidental deterioration in accordance with the statutory provisions (see Art. 6, Sec. 3 of these T&Cs).
(1) The User must pay in advance using PayPal Express. If the User does not have a PayPal account, they can register with PayPal or use the PayPal service to make payment as a "guest" user. PayPal offers payments as either a direct debit or with a credit card. As long as the User is using the PayPal website/services, the respective T&Cs of PayPal apply. As soon as the payment has been made through PayPal, the Provider is given notification. The payment transaction is thereby concluded. Additional information regarding the PayPal online payment system and its terms and conditions of use are available at www.paypal.de.
(2) If the PayPal payment cannot be successfully completed, then no binding contract is entered into and no delivery of the product is made as per Art. 5 (1).
The Provider shall be liable for material deficiencies as per the pertinent statutory provisions, in particular Article 434 et seq. BGB.
A guarantee for the goods delivered by the Provider only exists if this was specifically noted in the order confirmation of the respective article.
(1) The User is only authorised to exercise their right of retention insofar as there are claims stemming from the same contractual relationship.
(2) The User can only offset against any of the Provider's claims if the User's counterclaim is uncontested or a legally binding title is on hand.
(1) The Provider is only liable for damages that – regardless of the legal reason – have been caused by wilful intent or gross negligence. These limitations of liability also apply to breaches of duty of the Provider's legal representatives and vicarious agents if claims are made directly against them.
(2) In case of ordinary negligence, the liability of the Provider and its vicarious agents is limited to foreseeable damage typical of the contract.
(3) The previously mentioned limitations and exclusions of liability of these clauses do not apply:
(4) However, the Provider is only liable insofar as the damages are foreseeable and typically associated with a contract of this type.
(5) In particular, the Provider is not liable for damages that result from the use of labelled products (e.g. labels) through the use of which the User may cause damage to the labelled products or animals.
If the User is a consumer and concluded a contract with the Provider under sole use of telecommunications media, in particular phone, email, fax or the Provider's website, then he or she has the following right of cancellation.
You have the right – within a period of 14 days – to cancel the contract without providing reason for doing so.
The cancellation period is 14 days from the point in time that you – or a third party who does not represent the shipping agent – takes possession of the goods.
In order to make use of your right to cancellation, you must inform us (MyOwns Deutschland, Feldblick 18, 25746 Heide, Germany, Phone: +49 (0) 481-12083 126, email: firstname.lastname@example.org) in writing (e.g., in the form of an email, letter, fax) about your decision to cancel this contract. You may use the cancellation form template. This is, however, not mandatory.
In order to adhere to the cancellation period, it is sufficient if your email, fax or letter regarding your exercising your right to cancellation is sent prior to expiration of the cancellation period.
If you cancel this contract, we are obligated to return all payments that we have received from you – including shipping costs – immediately and no later than 14 days after the date on which we received your notification of cancellation. This does not include additional shipping costs that result from you having chosen a delivery method that is different from our standard, cost-effective shipping method. In order to make repayment, we will use the same form of payment that you used when you concluded the original transaction, unless some other form of payment has been agreed to with you. You will not be charged any fees for the repayment. We can refuse to make repayment until we have received the goods or until you can provide us with proof that the goods were returned, depending on which event occurs first.
The goods must be returned immediately – no later than 14 days from the day on which you notified us in writing about the cancellation of this contract (MyOwns Deutschland, Feldblick 18, 25746 Heide, Germany). The period is afforded to you if you return the goods to us before the end of the 14-day period.
You are responsible for assuming the costs of returning the goods to us.
You are only responsible for any diminished value of the goods if this diminished value results from the handling of the goods in a manner other than what is necessary to ascertain the nature and functioning of the goods.
(If you want to cancel this contract, then please fill in this form and return it to us.)
MyOwns Deutschland e.K.
I/We*hereby cancel my/our* contract for the purchase of the following goods:
Total price of goods: € _______________
Ordered on/received on*: _____________
Name and address of consumer:
(Consumer's signature; only required for notification sent by fax or post)
* Please cross off, as applicable
The User's contract is only concluded with the following Provider:
MyOwns Deutschland e.K.
Owner: Sandra Amrein-Trester
(1) During the entire order process, the User can correct his or her data at any time using the available means (keyboard and/or mouse). The User decides what offer/product they would like to purchase. Any corrections to the order can be made on the respective page on which the product is offered as well as on the final "summary page" which appears prior to clicking on the button "Buy now: Express Buy with PayPal". Using the mouse or the keyboard, the User can delete any previously selected products.
(2) The Provider is not responsible if goods are delivered later or not at all due to incorrect data provided by the User during the ordering process. The same applies to errors occurring during the payment process due to incorrect entries made by the User.
The contract text is stored by the Provider. Upon conclusion of the order, the User receives an order confirmation, the contract text as well as the T&Cs in text form (e.g., via email). The User may save this data and print it, as required.
Solely the German language is available for concluding the contract and for the advance information provided as per Art. 246b, Sec. 1 EGBGB (Introductory Law to the German Civil Code (BGB)). We hereby are obligated – with the consumer's approval – to only communicate in German over the entire course of the contractual relationship.
Within the scope of concluding contracts, the Provider collects and stores the User's data. In doing so, the Provider adheres to the statutory regulations. Without the User's consent, the Provider will only collect, process or use the User's contractual and user data insofar as this is necessary for the processing of the contractual relationship and for the billing of telecommunications services.
Without the User's consent, the Provider will not use the User's data for purposes of advertising, market research or opinion polls.
At any time, the User can access the personalised data stored in his or her profile by clicking on the button "My data". There the data can be changed or deleted. Furthermore, in terms of the User's consent and other information regarding the collection, processing and use of data, we refer to the data privacy statement, which can be accessed and printed by visiting the Provider's website and clicking on "Privacy Statement".
Insofar as the User is a businessman, a legal entity under public law or special fund under public law, the place of jurisdiction for all disputes resulting from contractual relationships between the User and the Provider is the registered seat of the Provider. Furthermore, in particular regarding contracts with consumers, the place of jurisdiction is determined by generally applicable legal provisions.
The ineffectiveness of any provision of this contract will not result in the remainder of the contract becoming ineffective or invalid.
(End of the T&Cs)